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Book
Author Port, Kenneth L.

Title Trademark and unfair competition law and policy in Japan / by Kenneth L. Port
Published Durham, N.C. : Carolina Academic Press, [2007]
©2007

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 MELB  KT 4659 Por/Tau  AVAILABLE
Description xiii, 268 pages : illustrations ; 24 cm
Contents Ch. I. Introduction -- Ch. II. The conceptual origin of Japanese trademark jurisprudence -- Ch. III. Why protect trademarks? -- Ch. IV. Subject matter -- Ch. V. Infringement of the trademark right -- Ch. VI. Requirements of a trademark acquisition of trademark rights -- Ch. VII. Registration of trademarks -- Ch. VIII. Value of use -- Ch. IX. Loss of trademark rights (suits for cancellation or invalidation) -- Ch. X. Dilution-like protection under the UCPA -- Ch. XI. Product configuration under the UCPA -- Ch. XII. Domain names -- Ch. XIII. Madrid protocol -- Ch. XIV. Conclusion
Summary "Trademark and Unfair Competition Law and Policy in Japan describes both the nature and process of protecting appellations of source in Japan and provides normative commentary on this protection. By focusing on the Japanese judiciary's interpretation of two statutes - the Trademark Law and the Unfair Competition Prevention Act - some important lessons are learned. First, the Japanese judiciary treats trademark owners (both foreign and domestic) paternalistically. Japanese courts go to great extremes to avoid harsh results that seem possible under a strict reading of these two statutes. Second, Japanese trademark owners are extremely rights-conscious and pursue litigation to the fullest in order to drive up the cost of market access by competitors. Third, the Japanese trademark right operates more like a true property right than it does in America. This has broad ramifications, as judges treat the right with far more deference than their American counterparts."--BOOK JACKET
Bibliography Includes bibliographical references and index
Subject Trademarks -- Law and legislation -- Japan.
Competition, Unfair -- Japan.
LC no. 2007026057
ISBN 9781594601309 (alk. paper)